' SYED ALTAF HUSSAIN SHAH, MEMBER/RITU---This application bearing No,19(6)/2002 has been moved by the applicant union under section 22-EE of the I.R.O., 1969 to declare and certify whole Allied Bank of Pakistan as one CBU on 5-10-2003.
2. Notices for comments/objections were sent to the respondents, for filing comments. Comments were also received from the Registrar of Trade Unions of provinces. They also submitted a list of trade unions. Notices were also issued to the said unions. Reply statement on behalf of respondent No,3 i,e, Allied Bank of Pakistan was also received who opposed the petition. It was mainly contended by the Bank that the IRO, 1969 has been repealed by I.R.O., 2002 and that definition of establishment as given under section 2 (ix) of the repealed Ordinance has undergone material change in the shape of new definition as under: "establishment" means any office, firm, factory, society, undertaking, company, shop, premises or enterprise which employs workmen directly or through a contractor for the purpose of carrying on any business or industry and includes all its departments and branches, whether situated in the same place or in different places having a common balance sheet and profit and loss account and, except in section 54, includes a collective bargaining unit, if any, constituted under that section in any establishment."
3. That have also submitted that the factors such as the existence of multilayered, multilingual and diverse society of Pakistan, it is essential that our segment of the population be given due representation through their unions and that it would be prejudicial to the interests of the employees and the Federation of Pakistan if a permanent minorities and permanent majorities are created because that would lead to building up of steam in the people or group of persons who do not have adequate number and therefore adequate representation.
4. It was further contended that the CBAs are functioning well in the Bank and a memorandum of settlement dated 31-8-2002 was arrived at between the management and Federation. List of CBA Unions and list of non-CBA Unions would show that the work in the Bank and in the trade unions operating in the Bank is going smoothly.
5. Written statement was also filed on behalf of respondent No,2 (Pak. Labour Union ABL, Head Office Karachi). This union has supported the petition and has also prayed that one CBU in the Allied Bank of Pakistan may kindly be determined. The Union cited as respondent No,1 has raised objections and has even challenged the existence of the petitioner union. On merits it was submitted that purpose of section 22-EE was not to reduce the number of trade unions, and its actual intention was to afford representation in every part of establishment and also to afford representation in far-flung areas and to facilitate collective bargaining in different parts of the establishments. It was mainly contended that I.R.O. 1969 has been replaced by 2002 which lays down a new definition of establishment and that section 2(xi) of the I.R.O. Does support the stand taken by the Petitioner for constitution of one CBU for whole of the Bank. It was also contended that there are 22 CBAs which are effectively functioning in the Bank and that a settlement on 31-8-2002 was also executed by the CBA Unions through Allied Bank of Pakistan Workers Federation. An application from Muttahida Labour Union Allied Bank of Pakistan, Peshawar Region was also moved who opposed the one CBU in the Bank. The petition was also opposed by ABL Employees Union Sindh Karachi who, had submitted its comments earlier on 23-12-2002. Mutthida Labour Union after being impleaded as party denied creation of one CBU by stating that in the presence of multilayered, and diverse social structure it would be adequate to create one Unit. He also submitted that experience of collapse of one Unit (representing west Pakistan) should be an eye- opener for those who advocate emergence of a permanent majority. The union was represented by Mr. Mushtaq Hussain Bhatti. Reply from ABL Staff Union (CBA) cited as respondent No,16 was also received through which the petition was opposed. This union was represented by Malik Meharban Representative. Almost same reply was also submitted ABL Employees Union Lahore, respondent No,17. This union was also represented by Malik Meharban. All the unions represented by Malik Meharban opposed the petition. Allied Bank of Pakistan Employees Union Punjab (CBA), The Allied Bank of Pakistan Employees Union District Sheikhupura supported the petition. Allied Bank of Pakistan Employees Union Quetta, Workers Union CBA Chakwal have supported the petition. All the parties in the case had agreed and had requested that the case may be decided on the pleas of the parties and that there is no need of recording evidence.
6. I have gone through the pleadings and have given my consideration to the facts of the case on behalf of the petitioners. It is an admitted fact that there is multiplicity of trade unions. It is also on record that 22 CBAs are operating but no agreement by the CBAs can be signed in view of the fact of impracticability to raise 22 separate industrial disputes in separate Regions which are headed by regional or zonal heads having no powers to bargain collectively with trade union certified as CBA. A settlement was therefore signed by the Allied Bank of Pakistan Workers Federation.
7. It is also fact that one CBU was certified in the HBL, while an application has been moved in UBL for declaration of one CBU, There is also one CBU in the PTCL. In Pakistan Railways there are tow CBUs one for the open line establishments and one for the Workshops. Notwithstanding all the CBUs have been declared by the Commission. The main plea taken by the opposing unions is that the CBAs are operating in different regions/zones at different levels but the definition of the terms establishment as given in the I.R.O., 2002 has cleared controversy and if the same is applied to Allied Bank of Pakistan the whole of the Bank comes under the definition of one establishment, the same has been reproduced in the earlier paras. In view of the above definition the existence of unions whether CBA or otherwise become doubtful and sooner or latter these unions would have to change their constitution to bring it in accordance with the definition of establishment as given under section 2(xi) of the I.R.O., 2002.
8. At this stage it seems advisable to record the objections of the Bank and all other contesting unions that there is no need to certify the Bank as one establishment because the I.R.O., 2002 already has defined the establishment.In reply to this the learned counsel for the applicant union has submitted that if whole of the establishment is not declared as one Unit under section 54 of the Ordinance, 2002, any union may apply for declaring two, three or many CBUs in the Bank. It is, therefore, necessary that whole of the Bank is certified as one CBU to keep meaningful interpretation of the term 'establishment. I am therefore, fully convinced that the whole of the Bank may be declared as one CBU. This order shall remain in the field atleast for five years All the registered trade unions are directed to amend their constitutions accordingly within a period of two months from the date of this order failing which they shall be deemed to be cancelled.